Wednesday, March 8, 2017
Looks Like Crony Capitalism
After Walmart grew tired of frivolous lawsuits and gave up on plans to open a new store in West Louisville, Rep. Jerry Miller said he would introduce legislation to force those who bring such suits to post a bond for the appeal. It was a terrific response to a ploy by elitists whose litigation deprived a community of desperately needed jobs.
Miller followed through with HB 72 to require the posting of a bond for appeals to the Kentucky Court of Appeals from the Circuit Court. It would apply to those who lost at trial.
The bill, which passed the House, does not apply to churches. That makes sense. Churches don't have the where with all to post a bond, and are not the source of frivolous litigation.
Now, in the Senate, Sen. Damon Thayer has added an exception to the bond requirement for litigation challenging the "creation, operation, or expansion of a landfill."
That is, the amendment would allow enviro-wackos (or competitors of a landfill company) to sue landfill companies without posting a bond. It's an odd exception and clearly an example of the government picking winners and losers: crony capitalism by definition.
Thayer needs to explain the amendment; give taxpayers the back story.
The Senate needs to pass the bill without Thayer's amendment.
Singling out an industry for different treatment under the rule of law is not the way to convey that Kentucky is "open for business."